Personnel records compiled for feds subpoena

Financial, medical and personnel records for two former Montgomery County assistant police chiefs are being compiled in response to a federal grand jury subpoena.

Gaithersburg records about City Police Chief John A. King were delivered Nov. 10 in response to the Oct. 24 subpoena, according to the city attorney. County officials are compiling similar documents regarding King and William C. O'Toole, according to Montgomery County spokesman Patrick K. Lacefield.

"At this point, we've supplied what they've asked for," said City Attorney Lynn Board. "It may be weeks, months when — or if — we hear anything further."

King, who was named Gaithersburg Police Chief in 2007, referred The Gazette to his attorney, Richard Finci of Greenbelt, who did not return a call for comment.

King and O'Toole have come under scrutiny in recent weeks as a task force formed by County Executive Isiah Leggett explores reform for the county's disability retirement system.

King, who served more than 25 years in the Montgomery County Police Department, retired as an assistant chief and receives tax-free service-connected disability retirement. O'Toole, also a former assistant chief, served more than 20 years in the county police department, before leaving in 2005 after reinjuring his back. He is executive director of the Northern Virginia Criminal Justice Training Academy, and receives disability retirement benefits from Montgomery County.

Montgomery County Inspector General Thomas Dagley drafted a controversial report in September that questions both King's retirement payments given his impending job in Gaithersburg.

The report also mentions O'Toole's participation last year in a fitness challenge. O'Toole has maintained that his injuries, including a herniated disc and bulging disks, were the result of his years on the county force.

County Chief Administrative Officer Tim Firestine, who served on the task force, has called the value of Dagley's report "questionable," while saying that Dagley had not reviewed individual medical records or spoken with the county panel of doctors that reviews disability cases, who knew of King's impending hiring when granting his disability status.

The federal grand jury subpoena requested King's personnel, financial and medical records, including insurance claims, salary and direct deposit information and state and federal tax documents, according to the subpoena obtained by The Gazette on Nov. 17. County officials were asked to provide disability benefit applications, supporting documentation, evaluations, communications and determinations relating to the disability requests.

The subpoena asked for documents related to Gaithersburg's hiring process, job qualifications and requirements — especially those related to physical demands — correspondence regarding King's county disability payments and any documents, videos or photographs of King's participation in arrests or other non-supervisory police activity.

The city will not release the records to the public, said Board. State law says that the grand jury process is supposed to be kept secret and local government is not required to produce to the public any documents pursuant to a grand jury subpoena, she said.